Apply for disadvantage compensation (formerly planning damage)

You are entitled to compensation for damages if all of the following situations apply:  

• the damage falls outside the normal social risk (excess) or entrepreneurial risk;
• the damage affects you more severely compared to other residents or companies.  

The damage must:  

• or are a direct result of the decision or measure. For example, the construction of a house; 
• or are a result of the execution of the activity. For example, a temporary road closure;
• or are a result of the activity, which may only be visible later. For example, damage from pumping up groundwater may only be visible years later.  

View all conditions in the Compensation for Damages Bylaw of the municipality of Tytsjerksteradiel.  

You are not entitled to compensation for damages if:

• you have accepted the risk of the damage occurring;
• You believe you have suffered damage due to unlawful actions or decisions by the municipality. For example, when the municipality fails to repair poor road surfaces, which could create a danger to traffic.
• the damage occurred more than 5 years ago;
• the damage falls within the normal social risk;
• the damage is otherwise insured.

There are no specific requirements for submitting a request. However, the request must include a justification and supporting evidence for the amount of compensation requested. You can address your request for compensation to the municipal executive (college van burgemeester en wethouders).   

With disadvantage compensation, you will never receive the full amount of the damage or loss in value. A minimum of 4% of the original value is at your own expense. 

An example: 

Your property has been valued at €300,000. Due to new construction next to your property, its value has decreased by €25,000. In this case, the initial amount (4% of €300,000), which is €12,000, is considered the normal societal risk. You are then entitled to compensation for damages amounting to €13,000. 

You will pay €300 for the processing of your application. This fee will be refunded if your damages exceed the normal social risk and you are entitled to compensation.

You can only get compensation for damage when:  

• you have suffered damage in the form of a decrease in income or a decrease in the value of your home;  
• you could not have foreseen the damage when you bought the property;  
• the damage has not already been compensated in another way;  
• the damage is caused by a planning measure;  
• you submit the application within five years from the moment the zoning measure becomes irrevocable.  

View all conditions in the Bylaw on the procedure for advising on compensation for planning damage of the municipality of Tytsjerksteradiel.  

You can apply for compensation for planning damage using the 'Compensation for Planning Damage' application form. Send this to the board of the mayor and aldermen. You can find the application form at the bottom of this page.   

With planning damage compensation, you will never receive the full amount of the decrease in value. A minimum of 2% of the original value is at your own expense. This applies to the decrease in value of properties and also to the reduction of income.  

An example: 

You own a house worth €300,000. Due to a change in the zoning plan, the value becomes €200,000. The decrease in value is €100,000. You will not be compensated for this entire amount. A minimum of 2% of the property's value before the decrease will not be compensated.  

In this case, you could receive a maximum of €94,000 as compensation. Calculation:  

• 2% of the original value is €6,000 (2% of €300,000);
• The reduction in value is €100,000 (€300,000 – €200,000);  
• You will receive a maximum of: € 100,000 - € 6,000 = € 94,000 (decrease in value minus the amount that is for your own account).

You will pay €300 for the processing of your application. This fee will be refunded if your application is approved.